AGREEMENT 

f  and  Between  the  Illinois 
Operators  Association,  the 
al  Operators  Association  of 
Fifth  and  Ninth  Districts  of 
nois,  and  the  Central  Illinois 

inmiffl  1 

il  Operators  Association,  and 

a  Mat 

;  United  Mine  Workers  of 
erica,  District  Number  12. 


piring  March  31,1916 


4^  \i> 


AGREEMENT 


EXPIRING  MARCH  31,  1916 


The  prices  for  pick  mined  coal,  per  ton  of 
2,000  pounds,  throughout  the  State  of  Illi- 


nd*  shall  be  as  follows. 

First  District. 


Streator,  Cardiff,  Clarke  City,  Fairbury 
and  associated  mines,  including  To¬ 
luca  thick  vein  . $0.70 

(Note. — The  matter  of  the  clay  part¬ 
ing  at  Streator  to  be  referred  to  sub 
district  convention  for  adjustment.) 
Third  Vein  and  associated  mines,  in¬ 
cluding  third  vein  at  Streator,  in¬ 
cluding  twenty-four  inches  of  brush¬ 
ing  . . 90 

Wilmington  and  associated  mines,  in¬ 
cluding  Cardiff  long  wall  and  Bloom¬ 
ington  thin  vein,  including  brushing  .95 
(Note. — In  Bloomington  where  a 
miner  takes  a  new  branch  and  there 
is  an  open  space  of  two  .feet  cleaned 
up  along  the  face  it  shall  be  con¬ 
sidered  in  good  working  condition. 
When  soapstone  is  loaded  in  accord¬ 
ance  with  specifications  provided  in 
Bloomington  local  agreement  and 
weighs  either  under  or  over  4,000 
pounds,  it  shall  be  paid  for  at  its 
actual  weight  on  a  pro  rata  basis  of 
C.8.6  for  4,000  pounds.) 

Cherry,  Bureau  County,  Middle  Vein, 
(Saint  Paul  Coal  Company) . 70 

Bloomington  thick  vein . 85 


3 


4 


Pontiac,  including  twenty-four  inches 


of  brushing  . $  .95 

Pontiac  top  vein  . 70 


(Note. — The  question  of  price  for 
entry  driving  other  than  seven-foot 
entry  and  the  rate  for  clay  slips  and  * 
horsebacks  at  Pontiac  to  be  referred 
to  a  commission  of  two  from  each 
side.) 

Marseilles  . $1V21 

Morris,  long  wall,  Wilmington  condi¬ 
tions  . 1.12 

Morris,  room  and  pillar  .  1.27 

Seneca,  long  wall  (See  local  agree¬ 
ment)  . 1.05 

(Note. — It  is  agreed  there  shall  be  in 
the  record  the  old  stipulation,  the 
right  to  take  up  for  investigation 
and  adjustment  the  rate  at  Seneca  on 
a  showing  that  conditions  have 
changed.) 

Cornell,  long  wall,  third  vein  con¬ 


ditions  . 90 

Cornell,  room  and  pillar . 78 


Second  District. 

Danville,  Westville,  Grape  Creek  and 
associated  mines  in  Vermillion 
County  . $  .61 

Third  District. 


Springfield,  Dawson  and  associated 


mines  . . . . 61  7-10 

Lincoln  and  Niantic  .  .65 

Colfax  .  65 


5 


Fourth  District. 

Mines  on  the  C.  &  A.,  south  of  Spring- 
field,  to  and  including  Carlinville;  in¬ 
cluding  Taylorville,  Pana,  Tower 
Hill,  Litchfield,  Hillsboro,  Witt 
Jt  (Paisley),  Divernon,  Pawnee,  Noko- 

mis  and  Kincaid  . . $  .61 

Assumption,  long  wall,  including  twen¬ 
ty-four  inches  of  brushing . 87 

«Moweaqua,  room  and  pillar .  .65- 

Decatur,  long  wall,  present  conditions  .70 

Decatur,  room  and  pillar . 70 

Fifth  District. 

Glen  Carbon,  Belleville  and  associated 
mines,  to  and  including  Percy,  Pinck- 
neyville,  Willisville  and  Nashville ..  .$  .61- 
Coal  five  feet  and  under . 60 

Sixth  District. 

DuQuoin,  Odin,  Sandoval,  Centralia 


and  associated  mines  . $  .57 

Salem  and  Kinmundy . 62* 

Seventh  District. 

Mt.  Vernon  . .6£ 

Jackson  Countv  . 57 


(All  coal  five  feet  and  under,  five 
(  cents  extra  per  ton;  this  not  to  ap¬ 
ply  to  lower  bench  nor  rolls  or 
horsebacks.) 

Lower  bench,  Jackson  County,  for 
shipping  mines,  miners  to  carry  four¬ 
teen  inches  of  brushing . 70» 


6 


Saline,  White  and  Gallatin  County.... $  .57 
Williamson  and  Franklin  County . 57 

Eighth  District. 


Fulton  and  Peoria  Counties,  thin  or 
lower  coal  (third  vein  conditions) ..  $  .9d 
Fulton  and  Peoria  Counties,  No.  5  vein  .68 
Astoria,  No.  5  vein  (Fulton  and  Peoria 

Counties  Conditions)  . 68 

Fulton  and  Peoria  Counties,  No.  6  vein 
(with  Kewanee  and  Etherly  condi¬ 
tions,  undercutting  and  wedging  the 
coal;  and  if  they  cannot  obtain  mem¬ 
bers  of  the  U.  M.  W.  of  A.  to  mine 
the  coal  under  these  terms  and  con¬ 
ditions,  it  shall  be  the  privilege  of 
the  operators  to  call  for  a  meeting  of 
the  Joint  Executive  Boards  of  the 
miners  and  operators,  and  said  Joint 
Executive  Boards  shall  fix  a  rate  for 

shooting  coal  in  that  seam) . 77 

Gilchrist,  Wanlock,  Cable,  Sherrard 
and  Silvis  mines  and  Ellisville,  72 
cents  oer  ton  with  last  year's  con¬ 
ditions,  except  as  herein  provided. 

In  case  of  deficient  work,  where 
miner  and  mine  manager  cannot 
agree  as  to  compensation,  the  mine 
committee  shall  be  called  in,  and,  if 
they  cannot  agree  the  dispute  shall 
be  carried  up  under  the  Thirteenth 


Clause  of  the  present  scale.)  f 

Kewanee,  Etherly  and  Wyoming . 7i 

Pekin,  shipping  mines  only . 68 

Ninth  District. 


Mount  Olive,  Staunton,  Gillespie, 
Benld,  Sorento,  Coffeen  and  Worden. 


7 


and  mines  on  the  Vandalia  line  as 
far  east  as  and  including  Smithboro, 
and  on  the  B.  &  O.  S.  W.  as  far  east 


as  Beckemeyer  . $  .61 

Coal  five  feet  and  under  . .  .66 


Contract  Based  on  Existing  Mining  Laws. 

First.  This  contract  is  based  upon  exist¬ 
ing  mining  laws  and  neither  party  to  the 
<§ame  shall  initiate  or  encourage  the  passage 
of  laws  pertaining  solely  to  the  mining  in¬ 
dustry  that  would  in  any  manner  affect  the 
obligation  of  this  contract  or  abrogate  any 
of  the  provisions  unless  such  proposed  laws 
be  mutually  agreed  to  by  the  parties  here¬ 
to,  or  be  recommended  by  the  Mining  In¬ 
vestigation  Commission  appointed  under  the 
laws  of  the  State  of  Illinois,  the  parties 
hereto  agreeing  to  unite  in  securing  the  con¬ 
tinuance  of  such  commission  during  the  life 
of  this  agreement.  The  foregoing  does  not 
apply  to  proposed  legislation  relating  to  the 
industries  of  the  state  in  general. 

Employes  Exempted  From  Jurisdiction  of 
the  U.  M.  W.  of  A. 

Second.  No  scale  of  wages  shall  be  made 
by  the  United  Mine  Workers  for  mine  man¬ 
ager,  mine  manager’s  assistant  or  assistants, 
not  to  exceed  three  (3)  in  Class  A  mines, 
top  foreman,  company  weighman,  boss 
drivers,  night  boss,  head  machinist,  head 
(boiler  maker,  head  carpenter,  head  electri¬ 
cian  and  night  watchman.  The  authority  of 
the  operator  to  hire  and  discharge  may  be 
delegated  to  the  mine  manager,  top  fore- 
Man,  boss  driver  and  night  boss.  The  term 
“assistant”  shall  only  apply  to  such  as  are 
authorized  to  act  in  that  capacity. 


8 


In  mines  of  large  capacity  or  large  area, 
or  where  gas  is  generated  in  dangerous 
quantities,  or  other  dangerous  conditions 
<exist,  the  right  to  hire  additional  assistants 
shall  be  recognized.  In  the  event  of  a  dis¬ 
pute  arising  in  regard  to  the  employing  of^ 
.such  additional  assistants,  the  matter  shall 
be  taken  up  as  provided  in  Section  Thirteen 
of  this  agreement.  Where  assistants  per¬ 
sistently  do  work  for  which  a  scale  is  made, 
except  in  emergency  where  members  of  the* 
U.  M.  W.  of  A.  are  not  available,  they  shall 
be  deposed. 

The  night  watchman  shall  be  exempt 
when  employed  in  that  capacity  only.  The 
terms  “head  carpenter,”  “head  electrician” 
and  “head  machinist”  shall  apply  only  to 
.such  as  have  general  charge  of  carpentry, 
electrical  or  machine  work  at  two  or  more 
mines,  or  at  one  mine  and  one  or  more 
washing  plants. 

No  Market  Restrictions. 

Third.  Any  operator  paying  the  scale 
rate  of  mining  and  day  labor  under  this 
agreement,  shall  at  all  times  be  at  liberty  to 
load  any  railroad  cars  whatever,  regardless 
of  their  ownership,  with  coal  and  sell  and 
deliver  such  coal  in  any  market  and  to  any 
person,  firm  or  corporation  that  he  may 
desire. 

^Quality  of  Mine-Run  Coal.  Pushing  Coal 
by  Miners  Prohibited.  / 

Fourth.  The  scale  of  prices  for  mining 
per  ton  of  two  thousand  pounds,  run-of- 
rnine  coal  herein  provided  for,  is  understood 
in  every  case  to  be  for  coal  practically  fre£ 
from  slate,  bone  and  other  impurities, 
loaded  in  cars  at  the  face,  weighed  before 


9 


screening,  an$f  that  the  practice  of  pushing; 
coal  by  the  miners  shall  be  prohibited. 

In  panel  and  room  and  pillar  work  the- 
operators  shall  deliver  and  the  miners 
shall  accept  the  empty  car  at  the  nearest 
switch  to  the  man’s  working  face  from. 
Avhich  no  loaded  car  is  pulled  on  the  same 
trip  with  his  own,  but  where  unusual  con¬ 
ditions  make  it  impossible  for  the  miner  or 
miners  loading  coal  in  said  place  to  push 
^the  car  to  the  face,  then  the  company  shall 
deliver  said  car  to  the  face. 

Jn  long  wall  mines  under  ordinary  condi¬ 
tions  the  present  system  of  delivering  empty 
cars  shall  remain  unchanged,  provided  that 
in  entries  where  there  are  six  or  more  work¬ 
ing  places  empty  cars  shall  be  delivered  in 
a  switch  not  more  than  three  switches  from 
the  room  for  which  they  are  intended. 

Mining  and  Shooting  to  be  According  to 
State  Mining  Law. 

Fifth,  (a)  Whether  the  coal  is  shot 
after  being  undercut  or  sheared  by  pick  or 
machine,  or  shot  without  undercutting  or 
shearing,  the  miners  must  drill  and  blast  the- 
coal  in  accordance  with  the  state  mining 
law  of  Illinois,  in  order  to  protect  the  roof 
and  timbers  and  in  the  interest  of  general 
safety.  Any  miner  who  clearly  violates  the- 
letter  or  spirit  of  this  paragiaph  may  be  dis¬ 
charged. 

*  (b)  The  system  of  paying  for  coal  be¬ 
fore  screening  was  intended  to  obviate  the 
many  contentions  incident  to  the  use  of 
screens,  and  was  not  intended  to  encourage 
unworkmanlike  methods  of  mining  and 
blasting  coal,  or  to  decrease  the  proportion 
of  screened  lump,  and  the  operators  are 


10 


hereby  guaranteed  the  hearty  support  and 
co-operation  of  the  United  Mine  Workers  of 
America  in  disciplining  any  miner  who  from 
ignorance  or  carelessness,  or  other  cause, 
fails  to  properly*  mine,  shoot  and  load  his 
coal. 

(c)  That  all  bug  dust  or  machine  coat 

cuttings  when  practically  free  from  impuri¬ 
ties  be  loaded  out  with  the  snubbings  or 
other  coal  so  as  to  produce  a  merchantable 
Mine-ftun  Coal.  v 

The  above  does  not  contemplate  any 
change  in  the  present  method  of  handling 
bug  dust  or  machine  cuttings  in  Franklin 
County,  or  other  mines  where  it  is  neces¬ 
sary  to  load  same  out  before  shooting  the 
coal,  as  a  protection  against  explosions  or 
fire. 

Where  the  operator  desires  the  bug  dust 
loaded  out  separately  this  shall  be  done  by 
the  miner  working  in  the  place  during  his 
regular  shift  at  the  regular  tonnage  price 
and  the  company  shall  furnish  cars  promptly 
to  load  same. 

(d)  Wherever  it  is  practicable  the  miners 
shall  shoot  the  coal  with  two  pounds  of 
powder  or  less.  Where  a  dispute  arises  as 
to  the  practicability  of  shooting  the  coal 
with  two  pounds  of  powder,  such  dispute 
shall  be  taken  up  and  settled  by  the  two  or¬ 
ganizations  as  provided  in  this  contract. 

(e)  It  is  hereby  agreed  that  the  cost  of 
firing  shots  during  the  life  of  this  contract 
shall  not  exceed  the  cost  per  ton  for  the 
same  work  during  the  previous  contract. 
It  is  understood  that  this  clause  does  not 
mean  that  the  operator  can  avoid  paying  for 
the  work  actually  necessary  to  be  done  6y 
the  shot  firers. 


11 


It  is  also  agreed  that  there  shall  be  no 
shot  firers  in  mines  where  coal  is  undercut 
by  hand  or  machines,  except  as  mutually 
agreed.  Where  conditions  in  the  past  have 
necessitated  shot  firers  they  will  be  con¬ 
tinued;  where  conditions  develop  that  they 
'*are  not  necessary,  they  can  be  discontinued. 

(f)  The  shot  firers  shall  go  into  the  mine 
two  hours  before  the  regular  quitting  time 
to  satisfy  themselves  by  examination  and  in- 
*spection  of  the  shots  to  be  fired  that  they 
have  been  properly  placed  and  prepared. 
When  examining  shots  the  shot  firers  shall 
work  single;  when  firing  shots  they  shall 
work  double. 

(g)  The  question  as  to  whether  squibs 
or  fuse  shall  be  used  is  left  to  the  discretion 
of  the  mine  manager,  shot  firers  and  miners 
in  the  respective  mines  where  shot  firers 
are  employed.  Wherever  a  dispute  arises 
between  mine  manager,  shot  firers  and 
miners  relative  to  the  advisability  of  using 
fuse  or  squibs  the  same  shall  be  taken  up 
under  the  provisions  of  Section  13  hereof. 

(h)  Where  but  few  miners  are  employed, 
the  operator  shall  have  the  right  to  desig¬ 
nate  two  practical  miners  as  shot  firers  at 
the  regular  hour  rate  for  time  actually 
worked. 

(i)  The  miners  shall  continue  to  assume 
all  responsibility  heretofore  resting  upon 
them  for  the  care  of  the  working  places  and 
(the  proper  character  and  placing  of  the 
blasting  shots;  and  that  at  the  small  mines, 
where  the  law  makes  it  necessary  to  employ 
an  additional  engineer,  it  will  be  the  privi¬ 
lege  of  the  operator  to  put  on  a  man  to  act 
as  such  engineer  who  shall  fire,  or  watch 
the  plant,  or  do  such  other  work  as  is  now 


12 


being  done  by  the  fireman  or  night  watch¬ 
man  at  the  wages  of  third  engineer;  and 
that  any  shot  firer  can  be  appointed  bottom 
bell  man,  to  bell  away  shot  firers;  and  that 
in  case  of  wet  holes  that  will  not  stand  if 
charged  and  tamped  by  the  miners,  the  shot 
firers  will  attend  to  charging  and  tamping* 
said  holes. 

(j)  Upon  the  recommendation  of  the 
joint  powder  commission  provided  for  in 
paragraph  8  hereof  the  Joint  Executive^ 
Hoards  shall  have  authority  to  recommend 
the  use  of  any  shot  firing  device  and  estab¬ 
lish  the  regulations  concerning  the  same; 
or,  at  its  discretion,  to  require  its  use.  It 
shall  also  have  authority  to  permit  the  use 
<of  any  mechanical  device  as  a  substitute  for 
explosives  in  cases  where  the  operator  and 
miners  locally  can  agree  thereupon. 

Penalties  for  Loading  Impurities. 

Sixth,  (a)  In  case  slate,  bone,  clay,  sul¬ 
phur  and  other  impurities  are  sent  up  with  the 
coal  by  a  miner,  it  shall  be  the  duty  of  whom¬ 
ever  the  company  shall  designate  as  inspector 
to  report  the  same,  with  the  estimated  weight 
therof,  and  the  miner  or  miners  so  offending 
shall  have  such  weight  deducted  from  the  estab¬ 
lished  weight  of  the  car,  and  for  the  first  of¬ 
fense  in  any  given  calendar  month  shall  be  fined 
50  cents ;  for  the  second  offense  in  the  same 
calendar  month,  he  or  they  shall,  at  the  option 
of  the  operator,  be  fined  $2.00,  and  for  the  third 
or  any  subsequent  offense  in  the  same  calendar 
month  he  or  they  may  be  fined  $2.00  or  be  sus¬ 
pended  for  not  to  exceed  six  days  of  mine 
operation. 

(b)  For  a  malicious  or  an  aggravated  cas£, 
for  the  first  or  any  subsequent  offense,  the  oper¬ 
ator  may  either  indefinitely  suspend  or  dis- 


13 


charge.  A  malicious  or  aggravated  case  is  one 
in  which  the  quantity,  character  or  appearance, 
of  the  impurities  indicate  that  they  were  loaded 
with  intentional  carelessness  or  wrong  purpose. 
In  case  of  discharge  for  an  aggravated  case*  as 
above,  the  inspector  shall  preserve  the  impuri¬ 
ties  for  seventy-two  hours,  Sundays  and  legal 
holidays  excepted.  All  impurities  subject  to  be¬ 
ing  docked  shall  be  preserved  for  the  balance 
of  the  working  day,  except  at  mines  where  it  is 
impossible  to  do  so  without  seriously  impeding 
the  mine.  Where  it  is  claimed  by  the  operator 
that  to  so  preserve  the  impurities  will  seriously 
impede  the  output  of  the  mine  or  where  it  is 
claimed  by  the  miner  that  the  case  is  not  a 
malicious  or  aggravated  one  the  question  shall 
be  taken  up  jointly  for  determination. 

(c)  The  company  weighman  shall  post  in  a 
conspicuous  place  at  the  pit  head  the  names  of 
all  miners  dealt  with  hereunder. 

(d)  The  inspector  designated  by  the  oper¬ 
ator  shall  be  a  man  of  practical  experience  in 
or  around  the  mines  and,  provided  he  does  not 
perform  any  work  for  which  a  scale  of  wages 
is  jointly  made,  shall  not  be  a  member  of  the 
U.  M.  W.  of  A.,  and  in  the  discharge  of  the 
duties  herein  specified  shall  not  be  subject  to 
the  jurisdiction  of  the  local  union,  or  president, 
or  pit  committee,  and  against  any  miner  or 
committeeman  seeking  in  any  way  to  embarrass 
the  inspector  in  or  because  of  the  discharge  of 
such  duties,  the  provisions  of  the  miners’  state 
constitution  shall  be  invoked,  and  in  addition 
he4.  shall*  at  the  option  of  the  operator,  be  sus¬ 
pended  for  two  working  days. 

(e)  In  case  it  shall  be  alleged  by  either  the 
local  representative  of  the  miners,  or  by  the 
operator,  that  the  inspector  is  not  properly  per¬ 
forming  his  duties  hereunder,  it  shall  be  so 
reported  to  the  miners’  sub-district  president, 


14 


who  shall,  within  twenty-four  hours  after  the 
receipt  of  notification,  take  it  up  with  the  super¬ 
intendent  of  the  company  for  adjudication  ;  and, 
if  it  shall  be  found  that  the  inspector  is  not 
faithfully  performing  such  duties,  he  shall  be 
discharged  or  transferred  to  other  duties,  as  the 
operator  may  elect.  f 

(f)  The  proceeds  of  all  fines  hereunder 
shall  be  paid  to  the  miners’  sub-district  treas¬ 
urer,  and  under  no  circumstances  shall  any 
such  fines  be  remitted  or  refunded.  v 

The  foregoing  is  designed  to  secure  to  the 
operator  the  loading  of  clean  coal,  while  pro¬ 
tecting  the  miner  from  any  abuse  of  the  penal 
provisions. 

Pay  Days  and  Statements  of  Account. 

Seventh.  The  miners  are  to  be  paid  twice  a 
month  in  lawful  money*  the  balance  due  them 
in  cash  or  in  par  checks  as  hereinafter  pro¬ 
vided.  The  days  of  pay  to  be  on  the  15th,  for 
the  last  half  of  the  previous  month,  and  on 
the  30th,  for  the  first  half  of  the  current  month ; 
provided,  that  where  the  operator  has  three  or 
more  mines  paid  from  the  same  office,  the  dif¬ 
ferent  mines  may  be  paid  in  rotation,  beginning 
with  one  day  earlier,  and  ending  not  more  than 
one  day  later.  In  case  the  pay  day  herein  pro¬ 
vided  for  falls  upon  Sunday  or  a  holiday  recog¬ 
nized  by  the  contract,  the  men  shall  be  paid 
the  day  previous.  Statements  shall  be  issued 
to  all  employes  not  later  than  the  12th  and  27th 
of  each  month,  respectively.  Each  statement 
shall  show  specifically  his  account  as  it  appe^Ts 
on  the  pay  roll.  No  commission  shall  be 
charged  for  cash  advanced  to  employes  between 
pay  days,  and  any  cash  advances  between  pay 
days  shall  be  at  the  option  of  the  operator. 
Orders  on  the  operator  shall  be  accepted  only 
at  his  option,  and  all  orders  and  statements  shall 


15 


be  non-negotiable*  non-transferable  and  non- 
assignable,  and  shall  so  distinctly  state  upon 
their  face. 

Upon  the  request  of  the  Secretary-Treasurer 
of  District  12,  United  Mine  Workers  of  Amer¬ 
ica,  or  a  duly  accredited  traveling  auditor  of 
same,  the  operator  shall  furnish  two  complete 
identical  lists  of  all  employes  who  for  the  per¬ 
iod  of  one  pay  have  given  any  kind  of  an  order 
on  their  wages.  One  list  to  be  furnished  to  the 
State  Secretary-Treasurer  of  the  miners’  or¬ 
ganization,  the  other  to  the  secretary  of  the 
local.  If  upon  investigation  it  is  found  that 
any  employe  has  received  either  from  the 
operator  or  in  any  other  way  less  than  the  face 
value  of  the  order  he  shall  be  immediately 
dealt  with  by  the  mine  workers’  organization  in 
accordance  with  the  provisions  of  their  state 
constitution,  and  he  shall  be  discharged  by  the 
operator. 

When  an  employe  gives  the  operator  two 
days’  notice  of  his  intent  to  leave  his  employ, 
he  shall  be  entitled  to  and  shall  receive  his  pay, 
in  cash  or  par  check,  within  a  further  period 
of  forty-eight  hours,  provided  (in  the  case  of 
a  miner),  he  has  left  his  place  in  proper  shape* 
it  being  understood,  however,  that  when  at  the 
end  of  a  contract  period  a  large  number  of 
men  shall  leave  the  employ  of  the  operator, 
the  operator  shall  have  a  reasonable  time  in 
which  to  make  up  the  statements  and  pay  the 
men.  In  case  of  discharge,  an  employe  shall 
also  be  promptly  paid  the  amount  due  him.  No 
statement  shall  be  issued  except  for  the  regu¬ 
lar  pay  roll  period  or  except  in  case  of  a  man 
leaving  his  employ  or  of  discharge,  as  afore¬ 
said. 

In  the  absence  of  agreement  otherwise,  men 
shall  be  paid  in  cash  or  in  par  check  according 


16 


to  the  practice  at  the  various  mines  heretofore. 
In  case  a  change  is  desired  by  either  party  to 
the  contract  in  the  present  method  of  paying 
at  any  mine  the  matter  shall  be  taken  up  for 
adjustment  and  settled  by  the  joint  organiza¬ 
tions. 


Powder — Price  and  Quality. 

Eighth.  The  price  for  powder  per  keg,  shall 
be  $1.75,  the  same  to  be  delivered  at  the  face 
when  so  requested.  The  miners  shall  purchase 
their  powder  from  the  operators  provided'it 
is  furnished  of  standard  grade  and  quality;  and 
provided  further  that  other  permissible  ex¬ 
plosives  may  be  used  when  necesary  for  the 
safety  of  life  and  property — the  permissible 
explosives  shall  be  furnished  at  the  same  rela¬ 
tive  cost  as  black  powder*  the  interest  of 
operator  and  miner  alike  considered.  In  de¬ 
termining  the  powder  for  a  mine,  it  shall  be  the 
purpose  to  select  powder  which  shall  give  the 
best  results  to  the  miner  and  operator  alike. 
A  majority  of  the  miners  on  the  pay  roll  at 
any  mine  may  file  with  the  operator  a  written 
complaint  against  the  powder  being  furnished 
by  the  operator.  Such  complaint  must  explic¬ 
itly  state  the  objections  to  the  powder  and  must 
be  signed  by  a  majority  of  the  miners.  The 
operator  also  may  file  with  the  pit  committee 
written  notice  of  his  desire  to  change  the 
powder  being  furnished,  stating  his  reasons 
therefor.  Upon  the  filing  of  either  complaint 
or  notice,  as  above  stated,  a  test  shall  be  ar¬ 
ranged  for  as  soon  as  possible,  and  such  test 
shall  be  conducted  under  written  regulations 
hereinafter  provided  for  or  the  regulations  may 
be  prescribed  by  the  joint  powder  commission 
hereinafter  provided  for.  A  Joint  State  Pow¬ 
der  Commission,  who  shall  serve  during  the 
life  of  this  agreement,  shall  be  constituted,  con- 


17 


si  sting  of  six  members,  three  of  whom  shall  be 
appointed  by  each  executive  board,  respec¬ 
tively,  of  whom  not  less  than  one  on  each  side, 
shall  possess  technical  knowledge*  and  all  of 
whom  shall  possess  either  technical  or  practical 
knowledge  of  the  use  of  powder  in  producing 
coal.  Said  Commission  shall  have  full  control 
of  all  powder  tests  not  settled  locally,  as  herein 
provided.  The  Commission  shall  be  empow¬ 
ered  to  investigate  the  various  phases  of  the 
powder  question  and  may  negotiate  with  pow¬ 
der  companies  for  the  establishment  of  stand¬ 
ard  sizes  of  powder  and  the  proper  branding 
thereof.  It  shall  be  the  duty  of  the  Commis¬ 
sion  to  eliminate  entirely  from  cases  of  powder 
disputes  the  participation,  openly  or  otherwise, 
of  representatives  of  powder  companies,  and 
shall  by  all  lawful  and  proper  means  seek  to 
secure  for  both  operators  and  miners  uniform 
deliveries  of  such  powder  as  is  selected  as  the 
most  suitable  in  any  given  case. 

In  case  of  a  powder  dispute  arising  at  any 
mine  as  to  kind  of  powder  to  be  furnished 
under  the  provisions  of  this  agreement,  the  dis¬ 
pute  shall  be  first  taken  up,  locally  by  the  inter¬ 
ested  parties  and  a  local  test  made  in  order  to 
determine  whether  the  powder  used  or  desired 
by  either  operator  or  miners  is  best  suited  or 
adapted  for  the  use  of  the  mine  where  the  dis¬ 
pute  arises.  The  local  test  shall  be  made  in 
accordance  with  the  following  rules  and  regu¬ 
lations  as  nearly  as  possible  and  shall  cover  a 
sufficient  time  and  tonnage  to  give  the  different 
/powders  tested  a  fair  chance  to  determine  their 
respective  value.  The  powder  to  be  tested 
shall  be  agreed  upon  by  both  parties  to  the 
controversy  as  being  in  the  judgment  of  each 
Uest  suited  for  use  in  the  mine  where  the  dis¬ 
pute  arises,  the  interests  of  operator  and  miner 
alike  considered.  The  kind  of  powder  giving 


18 


the  best  results  in  the  opinion  of  the  parties 
snaking  the  test  shall  be  the  powder  used  in 
the  mine  during  the  life  of  the  contract  unless 
otherwise  directed  by  law  or  unless  a  radical 
change  occurs  in  the  character  or  condition  of 
the  coal  seam  or  that  a  change  of  powder  is 
mutually  agreeable  to  both  parties. 

In  the  conducting  of  any  local  tests  the  fol¬ 
lowing  rules  shall  be  observed  and  enforced, 
to- wit : 

Rule  1.  Six  members  shall  constitute  the- 
Committee  or  Commission  for  making  any 
local  tests,  unless  otherwise  specifically  agreed 
to  by  both  operator  and  the  miners ;  said  com¬ 
mittee  or  commission  to  be  composed  of  three 
miners  selected  and  authorized  to  represent  the 
local  and  three  men  to  likewise  represent  the 
operator.  In  case  of  additional  members  par¬ 
ticipating  in  any  local  test  each  side  shall  have 
equal  representation. 

Rule  2.  The  drilling  of  all  holes  shall  be 
under  the  direct  supervision  of  one  miner  and 
one  operator,  member  of  the  committee  or  com¬ 
mission,  during  the  conducting  of  any  test. 

Rule  3.  One  miner  and  one  operator,  mem¬ 
bers  of  this  committee  or  commission*  shall 
prepare  all  cartridges  and  keep  a  record  of  the 
measurements  and  weights  of  same,  the  results 
of  the  shots  to  be  figured  by  weights  of  the 
powder  used  and  the  condition  of  the  coal 
after  being  shot  as  a  basis. 

Rule  4.  In  no  case  shall  the  members  of  the 
-committee  or  commission  who  drill  or  super¬ 
vise  the  drilling  of  the  holes  have  any  knowl¬ 
edge  of  the  powder  to  be  used,  or  that  has  been 
<used  until  after  the  shots  have  been  exploded. 

Rule  5.  The  members  of  the  committee  or 
commission  shall  tamp  and  fire,  or  have  direct 
supervision  of  the  tamping  and  firing  of  all 
shots  during  any  test. 


19 


Rule  6.  A  record  shall  be  kept,  giving  the 
measurements  of  the  face,  the  number  of  shots 
fired,  the  amount  and  the  kind  of  powder 
used,  together  with  the  comparative  condition 
of  the  place  and  shots. 

s-  Rule  7.  The  holes  drilled  shall  be  measured 
and  inspected,  when  possible,  by  all  members 
of  the  committee  or  commission  and  shall  be 
placed  as  nearly  as  possible  in  the  same  direc¬ 
tion  and  depth  in  order  to  insure  as  nearly  as 
^possible  similar  conditions  and  chances  for  the 
different  grains  or  brands  of  powder  to  be: 
tested. 

Rule  8.  In  judging  the  results  obtained  from 
any  test  the  interests  of  the  miner  and  operator 
alike  shall  be  considered,  and  if  required  by 
either  party,  a  record  of  the  tons  of  coal  pro¬ 
duced  and  the  quality  of  same  shall  be  kept. 

Rule  9.  The  committee  or  commission  shall* 
have  the  right  to  require  the  sealing  of  any  or 
all  full  or  part  kegs  of  powder  in  the  mines 
during  the  conducting  of  any  test  and  may 
adopt  any  other  rule  or  method  to  insure: 
that  no  other  powder  than  the  powder  used  by' 
the  committee  or  commission  will  count  or 
figure  in  the  results  obtained  by  any  test  made 
by  them. 

Rule  10.  The  committee  or  commission  shall 
eliminate  entirely  the  participation,  openly  orr 
otherwise*  of  men  directly  or  indirectly  repre¬ 
sentatives  of  any  powder  or  powder  company. 
In  the  event  of  a  powder  dispute  arising,  and 
die  failure  of  either  side  to  appoint  its  mem¬ 
bers  of  the  committee  or  commission  herein 
provided  for  within  seven  days  after  the  com¬ 
plaint  is  filed,  the  State  President  of  the  or¬ 
ganization  failing  to  appoint  its  members  lo¬ 
cally  shall  make  the  appointment  thereof 
promptly  and  the,  committee  or  commission  so 


20 

appointed  shall  proceed  with  the  test  as 
herein  provided. 

In  case  the  committee  or  commission  fails  to 
agree  after  a  test  has  been  made  locally,  as 
herein  provided,  the  said  Joint  Powder  Com¬ 
mission  shall  assume  jurisdiction,  and  th^ 
whole  data  and  records  of  the  test  shall  be 
submitted  to  and  be  reviewed  by  it,  and  if  all 
the  conditions  as  above  have  been  observed  in 
conducting  the  test  it  shall  take  the  matter  up 
for  final  decision  with  power  to  make  any 
further  test  it  may  deem  necessary.  It  is  un¬ 
derstood  and  agreed  that  all  the  requirements 
of  a  local  test  as  above  must  be  complied  with 
before  the  case  can  properly  come  before  the 
Joint  Powder  Commission. 

Said  commission  may  investigate  shot  firing 
devices,  the  merits  of  explosives  other  than 
powder,  and  the  use  of  other  mechanical  agents 
than  explosives  for  the  production  of  coal,  and 
make  recommendations  to  the  two  organiza¬ 
tions  concerning  the  same. 

It  is  understood  that  the  question  of  package 
or  kegs  in  which  the  powder  is  shipped  be  con¬ 
sidered  in  the  same  way  as  the  powder  itself. 
That  the  Joint  Powder  Commission  will  have 
access  to  the  powder  magazines  at  all  times 
where  disputes  arise.  That  no  new  shipments 
of  powder  be  stored  on  top  of  powder  on  hand, 
it  being  the  intent  to  use  the  powder  in  the 
order  in  which  it  is  received  at  the  mine. 

Note :  It  is  understood  that  the  operator 
will  not  discriminate  against  any  powder  de¬ 
sired  by  the  miners  locally  which  meets  the 
test  as  to  grade  and  quality  herein  prescribed, 
provided  it  can  be  furnished  at  a  competitive 
price  and  in  sufficient  quantities  for  the  suc¬ 
cessful  operation  of  the  mine. 


21 

Blacksmithing. 

Ninth.  The  price  for  blacksmithing  for  pick 
mining  shall  be  six-tenths  of  a  cent  per  ton  for 
room  and  pillar  work*  and  twelve  and  one-half 
cents  per  pay  per  man,  or  twenty-five  cents  per 
month  for  long  wall  work.  Sharpening  and 
drawing  out  picks,  putting  button  or  sumper 
on  scraper,  straightening  or  welding  or  refac¬ 
ing  tamper  when  battered  up,  drawing  out 
wedge  or  fixing  sockets  when  broken,  shall  be 
jconsidered  a  part  of  blacksmithing  without  ex¬ 
tra  charge. 

It  is  understood  that  the  operator  shall  be 
responsible  for  tools  lost  or  broken  in  the 
following  cases: 

(a)  When  tools  are  lost  as  the  result  of 
a  squeeze  and  the  miner  has  not  been  able 
to  protect  himself  against  such  loss  through 
proper  care  in  trying  to  locate  a  safe  place 
in  his  working  place. 

.  (b)  Where  a  fall  occurs,  for  which  the 
miner  is  not  responsible  and  his  tools  are 
beyond  such  fall  (between  the  fall  and  the 
working  face)  and  the  company  removes  its 
rails,  machines,  cars,  pipes  and  wires,  but 
does  not  remove  the  miners’  tools. 

(c)  Where  tools  are  lost  under  or  by 
falls  as  above  indicated  in  paragraph  (b) 
when  a  mine  is  abandoned  or  shut  down  for 
three  or  more  weeks,  without  the  operator 
having  given  the  miners  notice  (except  in 
case  of  mine  explosions  or  fire  to  remove 
£heir  tools.) 

(d)  In  case  of  a  fire  in  a  blacksmith  shop 
wherein  tools  are  being  held  for  sharpening 
or  repair. 

(e)  When  at  the  instance  of  a  mine  man¬ 
ager  or  his  assistant,  tools  are  taken  to  be 
used  by  day  men. 


22 


The  operator  shall  provide  a  convenient 
place  underground  where  the  miners  shall 
leave  their  tools  when  brought  out  to  be 
sharpened  or  repaired  and  where  they  shall 
receive  them  when  returned  from  the  black¬ 
smith  shop.  When  tools  are  sent  to  the  sur¬ 
face  to  be  sharpened  or  repaired  they  shall 
be  immediately  taken  to  the  blacksmith 
shop,  and  where  men  are  not  in  charge  of 
such  shop,  locked  up.  It  is  understood  that 
when  such  a  olace  is  provided  and  tools  are 
handled  as  herein  specified,  this  record  will 
have  been  complied  with. 

Inside  and  Outside  Day  Wage  Scale. 

Tenth.  The  inside  and  outside  day  wage 


scale  shall  be  as  follows: 

Mine  examiners,  day  or  night . $3.38 

Tracklayers  . t .  2.84 

Tracklayers’  helpers  .  2.62 


Boy  trappers,  spraggers.  couplers  and 
switch  throwers  employed  elsewhere 
than  at  the  bottom  of  the  shaft  or  on 
mechanical  haulage  after  coupled 

thereto  .  1.50 

Couplers  now  getting  more  than  $1.50, 
no  change.  Boy  trappers,  spraggers 
and  couplers  now  getting  $1.57,  no 
change. 

Spraggers,  couplers  and  switch  throw¬ 
ers,  either  at  the  bottom  of  the  shaft 
or  on  mechanical  haulage  after 
coupled  thereto,  no  change. 


Bottom  cagers  .  2.84 

Drivers  .  2.84 

Trip  riders  and  grippers .  2.84 


Water  haulers  and  machine  haulers..  .  2.84 
Timbermen,  where  such  are  employed  2.84 


23 


Pipemen  for  compressed  air  plants.  .$2,778 
Brushers  in  long  wall  mines,  Third 
Vein  and  Wilmington  fields,  North¬ 


ern  Illinois  .  2.84 

Other  company  men  in  long  wall  mines 
of  Third  Vein  and  Wilmington  fields, 

Northern  Illinois  .  2.62 

Shot  firers,  per  hour  . 589 

All  other  inside  day  labor .  2.62 

-The  scale  of  wages  now  being  paid 
outside  day  labor  at  the  various 
mines  in  this  state  shall  be  the  wage 


scale  for  that  class  of  labor  during 
the  life  of  this  agreement,  with  a 
minimum  of  $2,249  per  day.  Firemen 
and  stokers  shall  receive  $2.62. 

Coal  Washeries  and  Re-Screening  Plants. 

The  U.  M.  W.  of  A.  shall  have  jurisdiction 
over  washeries  ancf  re-screening  plants  con¬ 
nected  with  the  mines,  except  foremen,  and 
jig  men  at  the  washeries  and  repair  men  at 
the  re-screening  plants,  and  the  outside  day 
rate  shall  apply  to  all  such  employes.  The 
matter  of  overtime  shall  be  optional  with 
the  operator.  This  shall  only  apply  to  com¬ 
panies  who  are  parties  to  this  contract. 

Definition  of  Eight-Hour  Day  for  Miners. 

Eleventh  (a)  The  above  scale  of  mining 
prices  is  based  upon  an  eight-hour  working 
day,  and  it  is  definitely  understood  that  this 
'shall  mean  eight  hours’  work  at  the  face, 
exclusive  of  noon  time,  six  days  a  week,  or 
forty-eight  hours  in  the  week,  provided  the 
operator  desires  the  mine  to  work,  and  no 
focal  ruling  shall  in  any  way  affect  this 
agreement,  or  impose  conditions  affecting 
the  same. 


24 

Overtime  for  Day  Labor. 

(b)  Any  class  of  day  labor  may  be  paid, 
at  the  option  of  the  operator,  for  the  num¬ 
ber  of  hours  and  fractions  thereof  actually 
worked  at  an  hour  rate  based  on  one-eighth 
of  the  scale  rate  per  day.  Provided,  how¬ 
ever,  that  when  the  men  go  into  the  mine 
in  the  morning  they  shall  be  entitled  to  two 
hours’  pay  whether  the  mine  hoists  coal  two 
hours' or  not,  except  in  the  event  that  they, 
voluntarily  leave  their  work  during  this  time 
without  the  consent  of  the  operator,  they 
shall  forfeit  such  two  hours’  pay.  Provided, 
further,  that  overtime  by  day  laborers,  when 
necessary  to  supply  railroad  chutes  with 
coal  by  night  or  Sunday,  where  no  regular 
men  therefor  are  exclusively  employed,  or 
when  necessary  in  order  not  to  impede  the 
operation  of  the  mine  the  day  following,  and 
for  work  which  cannot  be  performed  or 
completed  by  the  regular  shift  during  regu¬ 
lar  hours,  without  impeding  the  operation  of 
the  mine,  may  be  performed  and  paid  for  at 
the  same  rate  per  hour. 

Division  of  Work. 

Twelfth.  After  a  mine  has  been  idle,  ex¬ 
cept  through  strike,  for  a  period  of  thirty 
days,  the  miners  employed  at  mines  in  same 
locality  may  at  their  option  share  work 
with  those  thrown  idle,  either  by  doubling 
up  in  working  places  or  some  other  manner 
mutually  agreeable;  except  there  will  be  no 
change  in  men  in  working  places  oftener 
than  every  six  days  of  operation.  When  a 
part  of  the  miners  at  any  mines  are  thrown 
idle,  as  above,  for  a  period  of  six  days  of 
operation  they  shall  be  entitled  to  sharfc 
with  the  balance  in  the  work  in  manner 
provided,  unless  provided  for  otherwise. 


25 


Machine  runners  may  share  their  work 
with  runners  so  thrown  idle,  provided  they 
are  thoroughly  competent  to  perform  same, 
or  they  shall  be  given  a  place  at  the  face. 

Duties  and  Limitations  of  Pit  Committee. 
>  Adjustment  of  Disputes  and  Grievances. 

Thirteenth,  (a)  The  duties  of  the  pit 
committee  shall  be  confined  to  the  adjust¬ 
ment  of  disputes  between  the  pit  boss  and 
‘any  of  the  members  of  the  United  Mine 
Workers  of  America  working  in  and  around 
the  mine,  for  whom  a  scale  is  made,  arising 
out  of  this  agreement,  or  any  sub-district 
agreement  made  in  connection  herewith, 
where  the  pit  boss  and  said  miner,  or  mine 
laborer,  have  failed  to  agree. 

(b)  In  case  of  any  local  trouble  arising 
at  any  shaft  through  such  failure  to  agree 
between  the  pit  boss  and  any  miner  or  mine 
laborer,  the  pit  committee  and  the  miners’ 
local  president  and  the  pit  boss  are  em¬ 
powered  to  adjust  it;  and  in  case  of  their 
disagreement,  it  shall  be  referred  to  the 
superintendent  of  the  company  and  the 
miners’  president  of  the  sub-district;  and, 
should  they  fail  to  adjust  it,  it  shall  be  re¬ 
ferred  in  writing  to  the  officers  of  the  asso¬ 
ciation  and  commission  concerned,  and  the 
state  officials  of  the  U.  M.  W.  of  A.  for  ad¬ 
justment.  In  case  any  such  issue  shall  be 
referred  to  said  officers  of  the  association 
£ind  commission  and  state  officials,  each  side 
vto  the  controversy  shall  present  to  them,  in 
writing,  the  question  involved,  and  sep¬ 
arately  the  alleged  essential  facts  in  the 
case,  together  with  the  names  of  witnesses 
So  substantiate  the  same.  In  case  so  re¬ 
ferred,  it  shall  be  taken  up  by  the  repre- 


26 


sentatives  of  the  said  officers  of  the  associa¬ 
tion  and  commission  and  the  said  state  of¬ 
ficers  jointly,  who  shall  thereupon  give  a 
hearing  to  the  local  representatives  of  the 
respective  parties  to  the  dispute,  and  to 
such  witnesses  mentioned,  as  the  representa¬ 
tives  of  either  side  may  produce.  After” 
hearing  the  testimony  and  arguments,  said 
representatives  shall  retire  and  consider  the 
case,  and  shall  within  a  reasonable  time 
render  their  decision  in  writing,  if  one  is 
reached.  Should  no  agreement  be  thus" 
reached,  said  representatives  shall  endeavor 
to  agree  in  writing  as  to  the  essential  facts 
governing  the  case,  and  if  they  cannot,  shall 
state  in  writing  such  facts  as  are  agreed 
upon,  together  with  such  questions  of  facts 
as  are  in  dispute,  and  in  addition,  the  respec¬ 
tive  reasons  for  failing  to  reach  a  decision. 

Neither  party  to  a  controversy  shall  have 
the  right  to  appeal  from  any  joint  decision 
reached  in  accordance  herewith,  but  such 
decision  may  be  set  aside  by  joint  action  of 
the  two  executive  boards,  and  either  ex¬ 
ecutive  board  may  require  a  reviewal  of  the 
decision  by  the  joint  executive  boards,  and 
if  not  set  aside  when  so  reviewed,  either 
executive  board  may  protest  it  as  a  prece¬ 
dent.  Decisions  reached  in  accordance  here¬ 
with  shall  govern  like  cases  during  the  life 
of  the  contract,  or  future  contracts,  with  like 
provisions,  unless  otherwise  stipulated  in 
writing  in  the  decision,  or,  except  as  pro-: 
tested  as  herein  provided.  In  case  no  de¬ 
cision  of  a  case  is  reached,  as  last  above 
provided,  the  dispute  shall  be  either  referred 
in  writing  to  the  joint  executive  boards  for 
adjustment  or  be  submitted  to  arbitration. 
In  the  event  that  the  joint  executive  boards 


27 


shall  disagree,  the  dispute  shall  be  submit¬ 
ted  to  arbitration,  provided,  however,  that, 
in  matters  that  vitally  affect  the  interests  of 
either  organization,  or  vitally  affect  the  in¬ 
terpretation  of  the  contract,  the  dispute 
shall  be  submitted  to  arbitration  only  at  the 
'discretion  of  the  joint  executive  board. 

For  the  purpose  of  providing  full  and 
adequate  machinery  for  the  arbitration  of 
disputes  as  above,  a  commission  shall  be 
-created  consisting  of  three  representatives 
of  the  Illinois  Coal  Operators  Association, 
two  representatives  of  the  Fifth  and  Ninth 
Districts  Coal  Operators  Association,  one 
"representative  of  the  Central  Illinois  Coal 
Operators  Association  and  six  representa¬ 
tives  of  the  United  Mine  Workers  of 
America,  to  be  appointed  by  the  respective 
executive  boards,  whose  duty  it  shall  be  to 
complete  its  work  and  put  it  into  effect  on 
or  before  June  15,  1914.  The  respective  or¬ 
ganizations  pledge  themselves  in  good  faith 
to  endeavor  to  finally  and  promptly  dispose 
of  every  dispute  arising  hereunder.  Inde¬ 
pendent  action  may  be  resorted  to  only  in 
matters  outside  of  the  contract  relations;  or 
when  the  other  party  to  the  dispute  refuses 
to  submit  it  to  arbitration. 

The  intent  of  the  foregoing  is  to  obviate 
the  necessity  of  independent  action  by 
either  party  and  to  avoid  the  delay  in  dis¬ 
posing  of  disputes  existing  in  the  past. 

No  decision  reached  hereunder  by  the 
Authorized  representatives  of  the  two  or¬ 
ganizations  shall  be  reviewed,  modified,  or 
set  aside,  except  as  provided  herein.  The 
officers  of  the  respective  organizations  may, 
(rom  time  to  time,  jointly  prescribe  the 
forms  and  procedure  for  the  trial  of  cases 
under  the  foregoing  provision,  the  same  not 


28 


to  be  inconsistent  herewith.  In  all  cases  of 
dispute  the  miners  and  mine  laborers  and 
all  parties  involved,  shall  continue  at  work, 
pending  a  trial  and  adjustment,  until  a  final 
decision  is  reached  under  the  provisions 
herein  set  forth. 

When  Day  Men  Are  to  be  Furnished  by 
Pit  Committee. 

(c)  .  If  any  day  men  refuse  to  continue 
at  work  because  of  a  grievance  which  has' 
cr  has  not  been  taken  up  for  adjustment  in 
the  manner  provided  herein,  and  such  ac¬ 
tion  shall  seem  likely  to  impede  the  opera¬ 
tion  of  the  mine,  the  pit  committee  shall  im¬ 
mediately  furnish  a  man  or  men  to -take 
such  vacant  place  or  places,  at  the  scale 
rate,  in  order  that  the  mine  may  continue 
at  work,  and  it  shall  be  the  duty  of  any 
member,  or  members  of  the  United  Mine 
Workers,  who  may  be  called  upon,  by  the 
pit  boss  or  pit  committee,  to  immediately 
take  the  place  or  places  assigned  to  him  or 
them  in  pursuance  hereof. 

Duties  and  Limitations  of  Pit  Committee. 

(d)  The  pit  committee,  in  the  discharge 
of  its  duties,  shall  under  no  circumstances 
go  around  the  mine  for  any  cause  whatever, 
unless  called  upon  by  the  pit  boss  or  by  a 
miner  or  company  man  who  may  have  a 
grievance  that  he  cannot  settle  with  the 
boss;  and,  as  its  duties  are  confined  to  th( 
adjustment  of  any  such  grievances,  it  is 
understood  that  its  members  shall  not  draw 
any  compensation  except  while  actively  en¬ 
gaged  in  the  discharge  of  said  duties.  Any 
pit  committeeman  who  shall  attempt  to 
execute  any  local  rule  or  proceeding  in 


29 


conflict  with  any  provisions  of  this  con¬ 
tract,  or  any  other  made  in  pursuance  here¬ 
of,  or  who  shall  fail  to  advise  against  any 
shut  down  of  the  mine  in  violation  of  the 
contract,  shall  be  forthwith  deposed  as 
committeeman.  The  same  rule  and  penalty 
►shall  apply  to  the  local  president  when  act¬ 
ing  alone,  or  when  called  into  any  case.  The 
foregoing  shall  not  be  construed  to  prohibit 
the  pit  committee  from  looking  after  the 
matter  of  membership  dues  and  initiations 
"in  any  proper  manner. 

(e)  Every  pit  committeeman  must  be  an 
actual  employe  at  the  mine  where  he 
serves.  Members  of  the  pit  committee  em- 
nloyed  as  day  men  shall  not  leave  their 
places  of  duty  during  working  hours,  except 
by  permission  of  the  operator,  or  in  cases 
involving  the  stoppage  of  the  mine. 

Right  to  Hire  and  Discharge. 

(f)  The  right  to  hire  and  discharge,  the 
management  of  the  mine  and  the  direction 
of  the  working  force  are  vested  exclusively 
in  the  operator  and  the  U.  M.  W.  of  A.  shall 
not  abridge  this  right.  It  is  not  the  inten¬ 
tion  of  this  provision  to  encourage  the  dis¬ 
charge  of  employes  or  the  refusal  of  em¬ 
ployment  to  applicants  because  of  personal 
prejudice  or  activity  in  matters  affecting 
the  U.  M.  W.  of  A.  If  any  employe  shall 
be  suspended  or  discharged  by  the  com¬ 
pany,  and  it  is  claimed  that  an  injustice  has 
tbeen  done  him,  an  investigation  to  be  con¬ 
ducted  by  the  parties  and  in  the  manner  set 
forth  in  paragraphs  (a)  and  (b)  of  this  sec¬ 
tion  shall  be  taken  up  promptly,  and  if  it  is 
proven  that  an  injustice  has  been  done,  the 
‘operator  shall  reinstate  said  employe,  and 
when  so  reinstated  such  employe  shall  re-' 


30 


ceive  as  compensation  during  the  period  of 
his  suspension  or  discharge  not  to  exceed 
$2.84  per  day  for  the  time  the  mine  ope¬ 
rated.  In  such  cases  where  he  was  em¬ 
ployed  as  a  day  laborer,  if  as  such  day 
laborer  his  regular  scale  wage  was  less  than 
$2.84  per  day,  he  shall  be  compensated  at 
the  scale  rate  provided  for  in  this  agree¬ 
ment  for  his  regular  employment.  Pro¬ 
vided,  however,  that  should  the  adjudication 
of  the  case  be  delayed  by  any  act  of  the^ 
miners  or  their  officials  then  the  company 
shall  not  be  responsible  for  more  than  ten 
days’  compensation.  Provided,  further,  that 
the  employer  shall  have  the  option  of  per¬ 
mitting  the  accused  to  continue  at  work, 
or  in  case  of  discharge  or  suspension  put 
him  back  to  work,  pending  the  investiga¬ 
tion  as  provided  for  in  paragraphs  (a)  and 
(b)  of  this  section.  And  it  is  further  agreed 
that  the  taking  up  and  investigation  of  dis¬ 
charge  cases  shall  take  precedence  over  all 
other  cases  except  shut-downs. 

(g)  It  is  understood  and  agreed  that 
there  shall  be  no  more  than  three  members 
on  the  pit  committee  at  any  one  mine,  ex¬ 
cept  that  where  the  operator  gives  the  night 
boss  the  right  to  hire  and  discharge  the 
miners  may  select  an  additional  committee¬ 
man  to  represent  them  on  the  night  shift. 
The  regular  term  of  the  pit  committee  shall 
be  one  year,  unless  deposed  in  accordance 
with  this  agreement. 

Lost  Coal  on  Roadways. 

Fourteenth.  The  company  weighman  and 
miners’  checkweighman  shall  keep  a  record 
of  all  allowances  made  to  miners  on  ac¬ 
count  of  broken  cars  and  also  a  record  of  all 
coal  loaded  by  the  company  on  the  mine 


31 


haulage  roads.  From  this  coal  shall  first 
be  deducted  such  an  amount  as  has  been 
allowed  to  the  miners  on  account  of  broken 
cars,  and  the  remainder  divided  equally  be¬ 
tween  the  company  and  the  miners,  check- 
weigh  fund.  Settlement  to  be  made 
*monthly. 

Fatal  Accidents  and  Funerals. 

Fifteenth,  (a)  In  the  event  of  an  in¬ 
stantaneous  death  by  accident  in  the  mine 
the  miners  and  underground  employes  shall 
have  the  privilege  of  discontinuing  work 
for  the  remainder  of  the  day;  but  work,  at 
the  option  of  the  operator,  shall  be  resumed 
the  day  following  and  continue  thereafter. 
In  case  the  operator  elects  to  operate  the 
mine  on  the  day  of  the  funeral  of  the  de¬ 
ceased,  as  above,  or  where  death  has  re¬ 
sulted  from  an  accident  in  the  mine,  the  in¬ 
dividual  miners  and  underground  employes 
may,  at  their  option,  absent  themselves 
from  work  for  the  purpose  of  attending 
such  funeral,  but  not  otherwise.  And 
whether  attending  such  funeral  or  not,  each 
member  of  the  U.  M.  W.  of  A.  employed  at 
the  mine  at  which  the  deceased  was  em¬ 
ployed,  shall  contribute  fifty  cents  and  the 
operator  twenty-five  dollars  for  the  benefit 
of  the  family  of  the  deceased,  or  his  legal 
representatives,  to  be  collected  through  the 
office  of  the  company.  In  the  event  that 
the  mines  are  thrown  idle  on  account  of  the 
piners’  or  other  employes’  failure  to  report 
.or  work  in  the  time  intervening  between 
the  time  of  the  accident  and  the  funeral  or 
on  the  day  of  the  funeral,  then  the  company 
shall  not  be  called  upon  for  the  payment  of 
She  twenty-five  dollars  above  referred  to. 
In  case  the  mine  is  so  thrown  idle  on  §aid 


32 


intervening  day,  employes  absenting  them¬ 
selves  from  work  shall  be  dealt  with  the 
same  as  when  a  mine  is  thrown  idle  with¬ 
out  the  consent  of  the  operator,  other  than 
in  order  to  enforce  a  demand  in  violation 
of  the  contract.  Except  in  case  of  fatal  ac¬ 
cidents  as  above,  the  mine  shall  in  no  case 
be  thrown  idle  because  of  any  death  or 
funeral,  but  in  case  of  a  death  of  any  em¬ 
ploye  of  the  company  or  member  of  his 
family  any  individual  miner  may  at  his  op¬ 
tion  absent  himself  from  work  for  the  pur* 
pose  of  attending  such  funeral,  but  not 
otherwise. 

(b)  Any  employe  absenting  himself  from 
work  ostensibly  to  attend  the  funeral  of  an 
employe,  member  of  his  family,  or  some 
one  else,  who  does  not  attend  such  funeral, 
shall  be  fined  $2.50.  When  any  mine  is 
thrown  idle  for  any  funeral,  pursuant  to 
action  of  the  miners’  local  organization  or 
officers,  or  because  of  a  tacit  understanding 
to  that  effect,  each  employe  idle  because 
thereof  shall  be  fined  $2.50.  The  proceeds 
of  said  $2.50  fines  shall  go  either  to  the 
family  of  the  deceased  or  to  the  district  or¬ 
ganization  as  may  be  jointly  agreed  upon 
locally. 

Responsibility  for  Timbering  and  Deadwork. 

Sixteenth,  (a)  The  scale  of  orices  herein 
provided  shall  include,  in  ordinary  condi¬ 
tions,  the  work  required  to  load  coal  and 
properly  timber  the  working  places  in  th,e 
mine,  and  the  operator  shall  be  required  tk> 
furnish  the  necessary  timber  in  rooms  or 
working  faces  of  suitable  lengths  in  accord¬ 
ance  with  the  state  mining  laws.  And  in 
long  wall  mines,  it  shall  include  the  proper 
mining  of  the  coal  and  the  brushing  and 


33 


care  of  the  working  olaces  and  roadway  ac¬ 
cording  to  the  present  method  and  rules  re¬ 
lating  thereto,  which  shall  continue  un¬ 
changed. 

(b)  If  any  miner  shall  fail  to  properly 
timber,  shoot  and  care  for  his  working 
place,  and  such  failure  has  entailed  falls  of 
slate,  rock  and  the  like,  the  miner  whose 
fault  has  occasioned  such  damage,  shall  re¬ 
pair  the  same  without  compensation,  and 
if  such  miner  fails  to  repair  such  damage 
he  may  be  discharged. 

Any  dispute  that  may  arise  as  to  the  re¬ 
sponsibility.  under  this  clause,  shall  be  ad¬ 
justed  by  the  pit  committee  and  mine  fore¬ 
man,  and  in  case  of  their  failure  to  agree, 
shall  be  taken  up  for  settlement  under  the 
Thirteenth  section  of  this  agreement. 

In  cases  where  the  mine  manager  directs 
the  placing  of  cross-bars  to  permanently 
secure  the  roadway,  then,  and  in  such  cases, 
only,  the  miner  shall  be  paid  at  the  current 
price  for  each  cross-bar  when  properly  set. 

The  above  does  not  contemplate  any 
change  from  the  ordinary  method  of  tim¬ 
bering  by  the  miner  for  his  own  safety. 

Check-Off. 

Seventeenth.  The  operators  will  recog¬ 
nize  the  pit  committee  in  the  discharge  of 
its  duties  as  herein  specified,  but  not  other¬ 
wise,  bnd  agree  to  check  off  union  dues  and 
assessments  required  by  the  miners  for 
lawful  purposes,  subscriptions  for  the  U. 
M.  W.  of  A.  Journal,  Harrisburg  Chronicle 
and  fines  from  the  miners  and  mine  labor¬ 
ers,  when  desired,  on  proper  individual  or 
collective  continuous  order.  It  is  under¬ 
stood  that  after  the  pit  expenses  for  powder, 


34 


smithing  and  a  proper  proportion  of  mine 
tools,  the  operator  will  give  preference  to 
the  ordinary  dues  and  assessments;  and 
also  not  to  exceed  $5  in  any  one  pay  for 
fines  and  initiation  fee,  unless  by  special 
agreement  with  the  operator  concerned. 
The  operator  will  furnish  to  the  miners  and  . 
local  representative  a  statement  showing 
separately  the  total  amount  of  dues,  assess¬ 
ments  and  fines  collected  and  furnish  to  the 
miners’  local  representative  a  statement 
showing  in  detail  those  whose  dues  and  - 
assessments  have  not  been  collected,  and 
the  means  of  ascertaining  that  the  total 
amount  collected  is  correct.  When  such 
collections  are  made,  card  day  shall  be 
abolished.  In  case  any  fine  is  imposed,  the 
propriety  of  which  is  questioned,  the 
amount  of  such  fine  shall  be  withheld  by  the 
operator  until  the  question  has  been  taken 
up  for  adjustment  and  a  decision  has  been 
reached. 

Emergency  Work  and  Ordinary  Repairs. 

Eighteenth.  The  operators  shall  have  the 
right  in  cases  of  emergency  work  or  ordinary 
repairs  to  the  plant  to  employ  in  connection 
therewith  such  men  as,  in  their  judgment, 
are  best  acquainted  with  and  suited  to  the 
work  to  be  performed,  except  where  men 
are  permanently  employed  for  such  work. 
Blacksmiths  and  other  skilled  labor  shall 
make  any  necessary  repairs  to  machinery 
and  boilers.  , 

Construction  and  Extensive  Repairs. 

Nineteenth.  The  erection  of  head  frames, 
buildings,  scale  machinery,  railroad  switch-  , 
es,  etc.,  necessary  for  the  completion  of  a 


35 


plant  to  hoist  coal,  all  being  in  the  nature 
of  construction  work,  are  to  be  excluded 
from  the  jurisdiction  of  the  United  Mine 
Workers  of  America.  Extensive  repairs  to 
or  rebuilding  the  same  class  of  work,  shall 
also  be  included  in  the  same  exception.  The 
employes  thereon  to  be  excluded,  as  above, 
when  employed  on  such  work  only. 

Penalties. 

Twentieth,  (a)  When  any  employe  ab¬ 
sents  himself  from  his  work  for  a  period  of 
two  days  without  the  consent  of  the  com¬ 
pany,  other  than  because  of  proven  sick¬ 
ness,  he  may  be  discharged. 

(b)  Any  employe  or  employes  guilty  of 
throwing  a  mine  idle  or  of  materially  re¬ 
ducing  the  output  of  a  mine,  bv  failure  to 
continue  at  work  in  accordance  with  the 
provisions  of  this  agreement,  for  the  pur¬ 
pose  of  enforcing  some  demand  in  violation 
of  this  agreement,  or  to  force  a  decision  in 
some  case  in  dispute  bv  methods  other  than 
as  provided  for  herein,  shall  be  fined  Five 
Dollars  each.  For  the  same  offense,  other 
than  to  enforce  such  demand  or  such  de¬ 
cision,  he  or  they  shall  be  fined  One  Dollar 
each  for  each  day  so  idle. 

(c)  Any  operator  who  shall  lock  out  all 
or  any  material  part  of  his  employes  in 
order  to  enforce  some  condition  in  viola¬ 
tion  of  this  agreement  shall  be  fined  $100.00. 

(d)  All  fines  collected  as  above  shall  be 
paid,  one-half  to  the  State  Treasurer  of  the 
U.  M.  W.  of  A.,  and  one-half  to  the  Secre¬ 
tary-Treasurer  of  the  Coal  Operators  Asso¬ 
ciation  concerned,  and  under  no  circum¬ 
stances  shall  any  fines  so  collected  be  re¬ 
funded  except  when  mutually  agreed  to  by 
the  two  organizations. 


36 

Machine  Differential. 

Twenty-first,  (a)  Except  at  Danville, 
where  the  differential  shall  be  ten  cents  per 
ton,  the  differential  for  machine  mining 
throughout  the  State  of  Illinois  shall  be 
seven  cents  per  ton  less  than  the  pick  min¬ 
ing  rate.  It  being  understood  and  agreed 
that  the  machine  mining  rate  shall  include 
the  snubbing  of  coal  either  by  powder  or 
wedge  and  sledge,  as  conditions  may  war¬ 
rant,  where  chain  machine  is  used;  but  it 
is  understood  that  this  condition  shall  not 
apply  where  two  men  have,  and  work  in 
one  place  only  in  the  same  shift,  except  at 
the  option  of  the  miner;  and  it  shall  also 
be  optional  with  the  miner  which  system  of 
snubbing  shall  be  followed.  The  division 
of  the  machine  mining  rate,  as  well  as  the 
division  on  shearing  and  air  or  electric  drill 
rates  shall  be  fixed  in  joint  local  or  joint 
sub-district  meetings. 

Shearing  Machine  and  Air  or  Electric 
Drills. 

(b)  The  established  rates  on  shearing  ma¬ 
chines  and  air  or  electric  drills,  as  now  ex¬ 
isting  locally^  shall  remain  unchanged  for  the 
ensuing  term  of  this  contract,  and  in  other 
mines  the  matter  of  a  scale  for  shooting 
off  the  solid  with  air  or  electric  drills  be 
taken  up  if  desired  by  any  operator  with¬ 
out  any  prejudice  or  influence  from  what 
has  been  done  or  said  heretofore. 

Rules  for  Use  of  Cage  by  Employes. 

Twenty-second.  Any  underground  em¬ 
ploye  not  on  hand  so  as  to  go  down  to  his 
work,  before  the  hour  of  commencing  work, 
shall  not  be  entitled  to  go  below  except  at 


37 


the  convenience  of  the  company.  When 
any  employe  is  sick  or  injured  he  shall  be 
given  a  cage  at  once.  When  a  cage  load  of 
men  comes  to  the  bottom  of  the  shaft,  who 
have  been  prevented  from  working  by 
reason  of  falls  or  other  things  over  which 
they  have  no  control,  they  shall  be  given  a 
cage  at  once.  For  the  accommodation  of 
individual  employes  less  than  a  age-load 
who  have  been  prevented  from  jrking  as 
above,  a  cage  shall  be  run  mid-forenoon, 
noon  and  mid-afternoon  of  each  working 
day;  provided,  however,  that  the  foregoing 
shall  not  be  permitted  to  enable  men  to 
leave  their  work  for  other  than  the  reasons 
stated  above. 

Shaft  Sinking. 

Twenty-third.  The  scale  for  sinkers 
shall  be  $3,378  and  for  shift  leaders  $3,747 
per  day. 

The  scale  for  top  men  handling  concrete 
or  dirt  at  sinking  mines  shall  be  the  same 
as  that  of  dumpers  or  top  men  in  the  sub¬ 
district  in  which  the  mine  is  being  sunk. 
The  word  “sinker”  shall  mean  a  man  who 
drills,  fires,  digs  or  loads  the  refuse,  puts  in 
guides  and  retaining  walls  in  new  shafts 
until  the  doorheads  are  in,  when  the  sink¬ 
ing  in  question  shall  be  considered  finished. 
By  that  is  meant  the  completely  finished 
shaft  to  the  bottom  of  the  sump. 

Repairing  or  retimbering  shafts  shall  not 
be  construed  as  sinking  unless  more  than 
two  sets  of  timbers  are  needed  for  such  re¬ 
pairs  within  any  fifteen  (15)  days.  Replac¬ 
ing  guides  or  buntons  shall  not  come  under 
sinkers’  wages. 


38 


Definition  of  Eight-Hour  Day  for  Day 
Labor. 

Twenty-fourth,  (a)  All  classes  of  day  la¬ 
bor  are  to  work  full  eight  hours  and  going  to 
and  coming  from  the  respective  working  places 
is  to  be  done  on  their  own  time.  All  company  1 
men  shall  perform  whatever  day  labor  the 
foreman  may  direct.  An  eight-hour  day  means 
•eight  hours’  work  at  the  usual  working  places, 
exclusive  of  noon-time,  for  all  classes  of  day 
labor.  This  shall  be  exclusive  of  the  time  re¬ 
quired  in  reaching  such  working  places  in  the 
morning  and  departing  from  same  at  night. 

Drivers — Rules  to  Govern. 

(b)  Drivers  shall  take  their  mules  to  and 

from  the  stables,  and  the  time  required  in  so 
doing  shall  not  include  any  part  of  the  day’s 
labor;  their  time  beginning  when  they  reach 
the  change  at  which  they  receive  empty  cars — 
that  is,  the  parting  drivers  at  the  shaft  bottom 
and  the  inside  drivers  at  the  parting — and  end¬ 
ing  at  the  same  places ;  but  in  no  case  shall  a 
driver’s  time  be  docked  while  he  is  waiting  for 
such  cars  at  the  points  named.  The  inside 
drivers  at  their  option,  may  either  walk  to  and 
from  their  parting  or  take  with  them,  without 
compensation*  either  loaded  or  empty  cars,  to 
enable  them  to  ride.  This  provision,  however, 
shall  not  prevent  the  inside  drivers  from  bring¬ 
ing  to  and  taking  from  the  bottom  regular 
trips,  if  so  directed  by  the  operator,  provided 
such  work  is  done  within  the  eight  hours.  , 

Harnessing  and  Unharnessing  Mules. 

(c)  The  methods  at  present  existing  cover¬ 
ing  the  harnessing  and  unharnessing,  feeding 
and  caring  for  the  mules,  shall  be  continued 
throughout  the  life  of  this  agreement. 


39 

Yardage  and  Deadwork. 

Twenty-fifth.  All  yardage  and  deadwork  on 
which  a  scale  has  been  established  shall  con¬ 
tinue  unless  changed  by  mutual  agreement. 

Operators  to  Keep  Places  as  Dry  as 
Practicable. 

Twenty-sixth,  (a)  The  company  shall  keep 
the  mine  in  as  dry  condition  as  practicable  by 
keeping  the  water  off  the  road  and  out  of  the 
working  places.  When  a  miner  has  to  leave 
his  working  place  on  account  of  water  the 
company  shall  employ  said  miner  when  prac¬ 
ticable  to  move  the  water  or  do  company  work, 
provided  said  miner  is  competent  to  do  such 
work,  or  he  will  be  given  another  working 
place  equal  to  the  average  place  of  the  mine, 
until  such  water  is  taken  out  of  his  place. 

(b)  All  permanent  metal  track  shall  be  laid 
by  the  company,  and  when  a  miner  has  to  leave 
his  working  place  on  account  of  such  track  not 
being  laid  through  the  neglect  of  the  company, 
it  shall  employ  said  miner  doing  company 
work  when  practicable*  provided  said  miner -is 
competent  to  do  such  work,  or  he  shall  be  given 
another  place  equal  to  the  average  of  the  mine 
until  such  time  as  such  track  is  laid  in  his 
place.  Short  or  skid  rails  shall  be  furnished  if 
needed. 

Ambulances,  Bandages,  Etc. 

Twenty-seventh.  The  operators  shall  keep 
sufficient  blankets,  oil,  bandages,  etc.,  and  pro¬ 
vide  suitable  ambulance  or  conveyance  readily 
available  at  each  mine  to  properly  convey  in¬ 
jured  persons  to  their  homes  after  an  accident. 

Equal  Turn. 

Twenty-eighth.  The  operators  shall  see  that 
an  equal  turn  is  offered  each  miner,  and  he  shall 


40 


be  given  a  fair  chance  to  obtain  the  same.  The 
company  shall  furnish  a  turn  board  or  sheet 
where  demanded — except  at  mines  where  there 
is  an  unlimited  turn — so  ruled  that  there  will 
be  a  numbered  horizontal  line  or  space  for  each 
driver  employed  in  the  mine  who  has  been 
authorized  by  the  management  to  have  charge 
of  the  turn  in  the  run  or  territory  from  which 
he  pulls  coal.  With  perpendicular  lines  at  right 
angles  with  the  above,  forming  spaces  at  the 
top  in  which  shall  be  marked  the  days  of  the 
month,  and  it  shall  be  the  duty  of  the  above 
mentioned  driver  to  mark  in  his  designated 
line  or  space  under  proper  date,  the  number 
of  full  turns  of  cars  that  have  been  pulled 
from  his  territory  or  run  each  day  he  works. 
There  shall  be  a  vertical  space  ruled  or  lined 
on  the  right  hand  side  of  the  board  for  the 
purpose  of  totaling  the  accounts  each  day,  and 
it  shall  be  the  duty  of  the  turnkeeper  to  see 
that  each  driver’s  account  is  totaled  each  day 
for  the  preceding  day,  before  the  time  of  mark¬ 
ing  turns  by  the  drivers*  and  at  the  end  of  each 
pay  he  shall  deduct  the  amount  of  the  lowest 
turn  on  the  board  from  the  different  totaled 
turns,  and  shall  carry  forward  to  the  next  pay 
all  balances,  thereby  keeping  a  continuous  turn. 
It  shall  be  the  duty  of  each  driver  to  keep  ac¬ 
count  of  the  individual  turn  and  keep  same 
equal  in  his  own  run  or  territory. 

Any  miner  will  be  considered  as  having 
loaded  the  highest  turn  of  cars  offered  in  the 
run  in  which  he  works  each  day,  whether  he  is 
present  at  work  or  not,  unless  he  is  hindered 
from  doing  the  same  through  some  fault  of  the 
company,  and  then  it  shall  be  the  duty  of  the 
driver  in  charge  of  that  run  to  make  up  such 
cars  or  turn  provided  the  miner  is  able  to  load 
same  unless  otherwise  provided  for  by  con¬ 
tract. 


41 


Should  any  run  at  any  time  become  more 
than  an  average  one  day’s  turn  either  ahead 
or  behind  the  average  turn  of  the  different  runs 
it  shall  be  the  duty  of  the  management  to  so 
regulate  the  driving  that  such  runs  shall  either 

vbe  made  up  or  held  back,  as  the  case  may  de¬ 
mand,  and  should  the  management  fail  within 
ten  days  to  remedy  such  condition  after  the 
same  occurs  then  the  men  in  the  run  or  ter¬ 
ritory  having  the  highest  turn  shall  be  sus- 

*  pended  from  loading  coal  until  the  same  is 
remedied. 

Any  driver  having  pulled  all  the  coal  loaded 
by  the  miners  in  his  run  during  any  shift  shall 
mark  an  “X”  in  addition  to  this  turn  in  his 
alloted  space  on  the  turn  board,  signifying  a 
clean-up,  and  the  turn  keeper  shall  in  totaling, 
count  same  equal  to  the  highest  turn  of  any 
run  pulled  that  day.  In  addition  to  the  above 
the  turn  keeper  shall  copy  the  total  turns  each 
day  in  a  book  kept  for  that  purpose*  for  refer¬ 
ence  in  case  of  dispute,  or  preserve  original 
sheet. 

The  above  is  not  intended  to  change  any 
plan  mutually  agreeable  to  operators  and 
miners  that  may  have  been  adopted  by  them  at 
any  mine  to  regulate  the  turn,  but  in  no  way 
shall  the  miners  or  mine  workers  restrict  the 
number  of  cars  loaded  by  the  miner  or  the 
amount  of  coal  to  be  placed  on  any  car. 

The  drivers  shall  be  subject  to  whomever  the 
mine  manager  shall  designate  as  turn  keeper 

*  in  pursuance  hereof. 

In  mines  where  there  is  both  hand  and 
machine  mining  an  equal  turn  shall  mean  ap¬ 
proximately  the  same  turn  to  each  man  in  the 

*  machine  part  of  the  mine,  and  approximately 
the  same  turn  to  each  man  doing  hand  work, 
but  not  necessarily  the  same  to  each  hand 


42 


•miner  as  to  each  man  working  with  the 
machines. 

Holidays. 

Twenty-ninth.  Work  may  be  suspended  on 
Virden  day  at  mines  at  places  where  any  of  the 
dead  are  interred,  if  memorial  services  are  to 
be  held,  provided  that  picnips  or  other  pleasure 
festivities  are  not  proposed,  but  not  elsewhere 
or  otherwise.  New  Years,  April  1st,  July  4th, 
Labor  Day,  Thanksgiving  and  Christmas  shall 
be  the  only  holidays  under  this  agreement 

On  one  annual  miners’  election  day*  National, 
State  and  Sub-District,  the  mines  may  be  closed 
at  12  o’clock  noon;  provided,  that  mines  em¬ 
ploying  more  than  200  men  may  take  a  full  day 
by  the  local  officers  giving  the  operators  ten 
days’  notice  of  their  intention  so  to  do. 

Engineers  to  Continue  Work  in  Event  of 
Suspension. 

Thirtieth.  In  case  of  either  local  or  general 
suspension  of  mining,  either  at  the  expiration 
of  the  contract  or  otherwise,  the  engineers 
shall  not  suspend  work,  but  shall,  when  mining 
is  suspended,  fully  protect  all  of  the  company’s 
property  under  their  care,  and  operate  fans 
and  pumps,  and  lower  or  hoist  such  men  or 
supplies  as  may  be  required  to  protect  the  com¬ 
pany’s  property,  and  all  coal  required  to  keep 
up  steam  at  the  company’s  coal  plants ;  but  it 
is  understood  and  agreed  that  the  operators 
will  not  ask  them  to  hoist  any  coal  produced 
by  non-union  labor  for  sale  on  the  market. 

Should  the  interests  of  the  engineers  be 
directly  involved  in  any  issue  at  the  expiration 
of  this  contract  and  any  engineers  cease  from 
'work,  the  United  Mine  Workers  of  America 
"will  provide  competent  men  to  perform  the 


43 


emergency  work  above  recited,  at  the  scale 
price  in  effect  at  the  time  of  suspension,  sub¬ 
ject  to  any  subsequent  settlement;  the  operator 
at  his  option  to  retain  only  such  engineers  as 
are  required,  but  with  the  understanding  that 
all  of  the  engineers  employed  at  the  time  of 
the  suspension  shall  be  entitled  to  an  equal 
division  of  the  work. 

Contract  not  to  be  Voided  by  Miners’ 
Constitution  or  Rules. 

Thirty-first,  (a)  This  contract  is  in  no* 
case  to  be  set  aside  because  of  any  rules  of  the 
U.  M.  W.  of  A.  now  in  force  or  which  may 
hereafter  be  adopted ;  nor  is  this  contract  to  be 
set  aside  by  reason  of  any  provision  in  their 
National,  State  or  local  Constitutions. 

Sub-District  and  Local  Agreements. 

(b)  Existing  sub-district  and  local  agree¬ 
ments  shall  continue  in  effect  during  the  life 
of  this  agreement,  except  as  may  be  changed- 
herein  or  pursuant  hereto,  under  the  following 
provisions : 

That  joint  commissions  of  not  to  exceed 
three  miners  and  three  operators  be  appointed 
by  each  sub-district  to  take  up  for  consideration 
all  of  the  disputed  subjects  filed  with  the  Joint 
Scale  Committee,  and  in  the  event  of  failure 
to  agree  by  August  1,  1914,  then  all  unsettled 
matters  shall  be  referred  to  the  Arbitration 
Commission  provided  for  in  the  Thirteenth 
Section  hereof. 

All  subjects  to  be  adjudicated  on  the  basis  of 
not  materially  reducing  the  earnings  of  the 
men  or  operator. 

Price  on  Coal  to  Employes. 

The  question  of  a  special  price  on  coal  to* 
employes  where  not  now  established,  if  submit- 


44 


ted,  shall  be  as  to  the  propriety  of  a  special 
price  at  the  shaft  to  the  employes  of  the  opera¬ 
tor  affected  where  he  has  retail  facilities  or 
suitable  arrangements  can  be  made. 

No  Local  Demands. 

(c)  There  shall  be  no  demands  made  locally 
that  are  not  specifically  set  forth  in  this  agree¬ 
ment,  except  as  agreed  to  in  the  joint  sub¬ 
district  meetings  held  in  accordance  with  this 
agreement. 

Negotiations  for  Next  Agreement. 

Thirty-second.  The  Joint  Executive  Boards 
are  authorized  and  instructed  to  arrange  for  ne¬ 
gotiations  for  the  formation  of  a  new  wage  con¬ 
tract  to  begin  at  a  date  not  later  than  March  1> 
1916,  and  are  empowered  to  recommend  pro¬ 
vision  for  avoiding  a  cessation  of  work  at  the 
expiration  of  this  contract  if  a  new  contract 
has  not  been  negotiated. 


45 


ENGINEERS’  AGREEMENT 

Wages  and  Conditions  to  Govern  Coal 
Hoisting  Engineers  to 
March  31,  1916. 

i  _ 

MEMORANDUM  OF  AGREEMENT. 

Made  and  entered  into  by  and  between  The 
,  Illinois  Coal  Operators  Association,  The  Coal 
Operators  Association  of  the  Fifth  and  Ninth 
Districts,  The  Central  Illinois  Coal  Operators 
Association  ,and  the  United  Mine  Workers  of 
Illinois,  witnesseth  : 

1st.  That  from  April  1,  1914,  to  March  31, 
1916,  the  coal  hoisting  engineers  employed  by 
the  members  of  the  Illinois  Coal  Operators’ 
Associations  in  the  State  of  Illinois  shall  be 
paid  the  following  scale  of  wages: 

Class  A  Mines  with  a  daily  capacity  of  500 
tons  or  over,  and  employing  one,  two  or  three 
engineers*  first  engineer  $100.00  per  month, 
second  engineer  $88.88  per  month,  third  engi¬ 
neer  $83.32  per  month.  Engineers  will  do  no 
firing  in  Class  A. 

Class  B.  Mines  with  a  daily  capacity  of  200 
tons,  and  less  than  500  tons,  employing  one, 
two  or  three  engineers,  first  engineer  $94,428 
per  month,  second  and  third  engineers,  each 
$83.32  per  month. 

Class  C.  Mines  with  a  daily  capacity  of  less 
^  than  200  tons  and  more  than  100  tons,  employ¬ 
ing  one  or  two  engineers,  first  engineer  $94,428 
per  month,  second  engineer  $80.54  per  month* 
each  for  a  nine-hour  working  day,  and  each 
to  do  his  own  firing. 

Class  D.  Mines  with  a  daily  capacity  of  100 
tons  or  less,  employing  one  or  two  engineers, 


46 


each  engineer  $77,766  per  month,  for  a  nine- 
hour  day;  the  engineer  to  do  his  own  firing. 

The  classification  of  a  mine  cannot  be 
changed  during  temporary  idleness. 

Where  a  mine  is  out  of  commission  and  is 
not  to  be  resumed  within  90  days,  the  engineer  v 
shall,  at  the  option  of  the  operator,  be  paid  the 
scale  of  Class  D  mines ;  but  in  the  event  that 
said  mine  resumes  within  said  90  days,  then 
the  compensation  to  the  engineer  shall  be  re¬ 
adjusted  to  the  basis  previously  existing  for  the  * 
entire  period  affected. 

Engineers  employed  at  mines  in  course  of 
sinking  shall  be  paid  $3,336  per  day  of  eight 
hours,  and  shall  do  their  own  firing  when  re¬ 
quired. 

2d.  It  is  understood  and  agreed  that,  except 
as  provided  in  Class  C  and  D  the  foregoing 
scale  is  for  eight  hours’  work*  seven  days  in 
the  week ;  but  that  any  mine  in  Class  A  or  B 
can  establish  a  nine  or  ten-hour  day  for  one 
or  two  engineers,  by  paying  therefor  a  propor¬ 
tionate  rate,  and  any  mine  in  Class  C  or  D  can 
establish  a  ten-hour  day  by  paying  therefor  a 
proportionate  rate  based  on  the  above  nine- 
hour  scale.  The  eight  hours’  work  at  mines  in 
Class  A  and  B  and  the  nine  hours’  work  in 
Class  C  and  D  shall  be  exclusive  of  noon  or 
dinner  time,  where  one  or  two  engineers  are 
employed;  but  where  the  engineer  is  required 
to  work  during  the  noon  or  dinner  time  he 
shall  be  paid  accordingly. 

3d.  No  engineer  shall  lay  off  or  exchange  ' 
shifts  without  the  consent  of  the  operator. 

At  mines  working  three  engineers,  the  first 
engineer  shall  complete  the  hoisting  shift,, 
where  desired,  without  overtime,  and  the  re- 1 
mainder  of  the  twenty-four  hours  shall  be  di- 


47 


vided  between  the  other  two  engineers  and  be 
paid  for  the  same  as  two  full  eight-hour  shifts. 

Provided,  that  where  it  is  mutually  agreed, 
the  engineers  may  exchange  shifts  or  the  sec¬ 
ond  engineer  may  complete  the  hoisting  shift; 
and  should  the  question  of  competency  arise  it 
}  may  be  taken  up  through  the  proper  channel. 

4th.  It  is  understood  and  agreed  that 
where  the  above  scale  of  wages  is  paid, 
there  shall  be  no  charge  for  overtime  by 
*  the  engineers  except  as  hereinafter  pro¬ 
vided;  any  or  all  engineers  shall  perform 
■such  work  when  required. 

The  hoisting  engineer  being  generally  in 
charge  of  all  the  engines  and  machinery  on 
top,  such  as  dynamos  and  compressors*  and 
engines  for  shaker  screens,  box  car  loaders, 
dirt  dump  haulage,  etc.,  it  is  understood  to 
be  a  part  of  his  duties  to  repair  them  (with 
the  exception  of  electric  repairs  to  dyna¬ 
mos)  in  cases  of  emergency  without  over¬ 
time  or  extra  pay;  but  it  is  further  under¬ 
stood  and  agreed  that  where  any  engineer 
not  on  duty  is  required  to  come  to  or  re¬ 
main  at  the  mine  on  account  of  a  breakage 
or  accident  to  the  machinery,  which  is  not 
attributable  to  the  negligence  of  the  engi¬ 
neer,  such  overtime  shall  be  paid  for  at  an 
bour  rate  based  on  his  monthly  salary. 

All  engineers  will  attend  to  the  ordinary 
incidental  repairs  without  overtime,  even 
though  some  overtime  has  to  be  worked. 
But  if  an  engineer  at  a  mine  where  two  or 
1  more  engineers  are  employed  is  required  to 
come  out  or  to  stay  out  to  do  some  work 
on  another  shift,  on  account  of  breakage 
or  accident,  as  stated  herein,  he  shall  be 
sallowed  overtime;  or  if,  where  only  one 
engineer  is  employed,  he  is  required  to 
work  overtime  repairing  a  breakage  or  ac- 


48 


cident  not  attributable  to  his  negligence,  he 
shall  likewise  be  entitled  to  overtime  on  the 
same  basis. 

It  is  also  agreed  that  in  case  of  sickness 
or  unexpected  absence  of  any  engineer  the 
other  engineer  or  engineers  shall  perform 
his  duties,  and  if  desired  by  them  his  wages 
for  time  so  absent  shall  revert  to  the  engi¬ 
neers  performing  such  extra  services. 

5th.  When  the  mine  is  in  active  operation 
hoisting  coal,  it  is,  of  course,  understood 
that  the  engineer’s  place  is  in  the  engine 
room;  but  otherwise  when  not  so  employed, 
and  he  is  on  pay,  he  shall  perform  any 
work,  not  herein  specifically  excepted,  in 
connection  with  the  boilers,  machinery  and 
appliances  directly  under  his  charge,  that 
the  operator  or  his  accredited  representa¬ 
tive  may  direct,  except  patching  boilers,  or 
inserting  new  flues. 

No  engineer  shall  be  required  to  clean 
boilers  without  assistance;  such  assistance 
to  be  selected  by  the  operator. 

6th.  A  licensed  engineer  shall  be  em¬ 
ployed  at  all  times  when  steam  is  required 
at  the  throttle,  in  compliance  with  the  State 
law.  He  shall,  at  the  option  of  the  opera¬ 
tor,  do  his  own  firing  in  Class  A  and  B 
mines,  except  the  engineer  that  hoists  the 
coal  on  days  when  the  hoisting  is  in  excess 
of  an  aggregate  of  fifty  tons  of  coal  per 
twenty-four  hours  for  railroad  chutes  or 
wagon  trade,  and  except  when  the  mine 
shuts  down  in  the  middle  of  a  shift.  The 
engineer  shall  do  his  own  firing  at.  mines  of 
any  class  (except  as  herein  provided)  ex¬ 
cept  when  compressors  or  haulage  engines 
are  running  or  dynamos  are  operated  for 
other  purposes  than  furnishing  light  for  the 


49 


company’s  premises  or  for  operating  the- 
ventilating  fan  of  the  mine. 

7th.  In  case  of  either  local  or  general 
suspension  of  mining,  either  at  the  expira¬ 
tion  of  this  contract,  or  otherwise,  the  en¬ 
gineers  shall  not  suspend  work»  but  shall,. 
i  when  mining  is  suspended,  fully  protect  all 
of  the  company’s  property  under  their  care, 
and  operate  fans  and  pumps,  and  lower  and. 
hoist  such  men  or  supplies  as  may  be  re¬ 
quired  to  protect  the  company’s  property,. 
#  and  any  and  all  coal  required  to  keep  up 
steam  at  the  company’s  coal  plants;  but  it 
is  understood  and  agreed  that  the  operator 
will  not  ask  them  to  hoist  any  coal  pro¬ 
duced  by  nonunion  labor  for  sale  on  the 
market. 

Should  the  interest  of  the  engineers  be- 
directly  involved  in  any  issue  at  the  expira¬ 
tion  of  this  contract  and  any  engineers- 
cease  from  work,  the  United  Mine  Workers 
of  America  will  provide  competent  men  to* 
perform  the  emergency  work  above  re¬ 
cited,  at  the  scale  price  in  effect  at  the 
time  of  suspension,  subject  to  any  subse¬ 
quent  settlement;  the  operator  at  his  option 
to  retain  only  such  engineers  as  are  re¬ 
quired,  but  with  the  understanding  that  all 
of  the  engineers  employed  at  the  time  of 
the  suspension  shall  be  entitled  to  an  equal 
division  of  the  work.  This  does  not  con¬ 
template  that  in  case  of  suspension  the 
operator  can  lay  off  engineers  and  use  top 
boss  or  other  labor  to  keep  up  steam  for 
pumps  or  other  purposes. 

8th.  It  is  also  agreed  that  in  case  of  any 
dispute  or  trouble  arising  between  the  en- 
gineer  and  the  operator  by  whom  he  is^ 
employed,  work  shall  not  be  suspended,  but 


50 


the  grievance  shall  be  taken  up  by  the  pro¬ 
per  officials. 

9th.  As  rapidly  as  the  requisite  corps  of 
competent  engineers  is  provided  at  the  dif¬ 
ferent  mines,  the  engineers  shall  become 
members  of  the  United  Mine  Workers  of 
America  and  thereafter  only  members 
thereof  shall  be  employed  as  hoisting  en¬ 
gineers  when  such  members  competent  to 
fill  the  position  can  be  obtained. 

10th.  The  capacity  of  the  mines  shall  be 
determined  by  the  operator  and  the  engin¬ 
eer  or  engineers  of  each  mine,  and  in  the 
event  of  their  failure  to  agree  it  shall  be  im¬ 
mediately  referred  to  the  officials  of  the 
respective  organizations,  whose  decision 
shall  be  final  and  binding  upon  both 
parties. 

11th.  No  hoisting  engineer  shall  be  subject 
to  the  authority  or  supervision  of  the  local 
union  or  pit  committee.  It  is  not  the  intent  of 
this  contract  either  to  enlarge  or  to  restrict 
their  duties  and  privileges  as  heretofore  exist¬ 
ing  or  exercised,  or  to  change  any  established 
condition.  In  case  of  any  dispute  between 
any  engineer  and  operator  which  they  cannot 
adjust  it  shall  be  referred  to  the  operator  or 
his  superintendent  and  the  miners’  sub-district 
president  for  adjustment;  and  upon  their  fail¬ 
ure  to  agree  it  shall  be  referred  to  the  state 
officers  of  the  respective  organizations  for  ad¬ 
justment.  The  provisions  of  the  state  contract 
between  The  Illinois  Coal  Operators  Associa¬ 
tion,  The  Coal  Oeprators  Association  of  the 
Fifth  and  Ninth  Districts  of  Illinois*  The  Cen¬ 
tral  Illinois  Coal  Operators’  Association  and 
the  United  Mine  Workers  of  Illinois,  shall  ap¬ 
ply  to  the  engineers  to  the  extent  that  they  are 
in  harmony  with  this  contract,  and  with  the 


51 


conditions  and  practices  heretofore  recognized 
between  the  operators  and  their  engineers,  and 
the  mode  of  settling  disputes  arising  between 
them. 

12th.  First  engineer  in  Class  A  and  B  mines 
will  do  no  firing,  except  where  the  mine  is  idle 
r  for  a  period  of  two  days  or  more.  The  other 
engineers  shall  continue  as  at  present. 

The  Illinois  Coal  Operators  Association: 

»  W.  L.  SCHMICK,  President. 

F.  C.  HONNOLD,  Sec’y.-Treas. 

The  Coal  Operators  Association  of  the 
Fifth  and  Ninth  Districts  of  Illinois: 

THOMAS  T.  BREWSTER,  President 
C.  H.  KRAUSE,  Secy. 

The  Central  Illinois  Coal  Operators  Asso¬ 
ciation  : 

C.  H.  HURST,  President. 

GEORGE  A.  WOOD,  Sec’y. 

The  United  Mine  Workers  of  America, 
District  No.  12: 

JOSEPH  POPE,  President. 
DUNCAN  MCDONALD,  Sec’y-Treas. 

Executed  May  13,  1914. 


» 


MEMORANDA 


MEMORANDA 


MEMORANDA 


MEMORANDA 


MEMORANDA 


MEMORANDA 


MEMORANDA 


MEMORANDA 


MEMORANDA 


MEMORANDA 


MEMORANDA 


MEMORANDA 


* 

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